Appealing an arbitration award – Transparency Project

‘The question the court had to decide recently was what was the test to be applied by the court in those cases where the parties had agreed to arbitration, but one party was dissatisfied with the award?’

Full Story

Transparency Project, 26th October 2020

Source: www.transparencyproject.org.uk

Windrush man wrongly classified as illegal immigrant left destitute for a year – The Guardian

‘An electrician who was wrongly classified as being an illegal immigrant, despite living in London for more than 45 years, was destitute as he waited a year for the Windrush taskforce to decide on his application to stay in the UK, the parliamentary ombudsman has ruled.’

Full Story

The Guardian, 25th October 2020

Source: www.theguardian.com

Rent Repayment Orders – the Upper Tribunal is firm – Nearly Legal

Posted October 26th, 2020 in appeals, debts, housing, landlord & tenant, news, rent, tribunals by sally

‘This was an appeal from an FTT rent repayment order decision. The FTT decision was made before the Upper Tribunal decision in Vadamalayan v Stewart and others (2020) UKUT 0183 (LC) (our report) and this appeal succeeded pretty much on that basis alone – the FTT decision was wrong in law in the way the Tribunal had approached the award – but it also involves the UT putting down another firm marker to FTTs on the correct approach to awards in rent repayment orders.’

Full Story

Nearly Legal, 24th October 2020

Source: nearlylegal.co.uk

Two found guilty of murdering Irish dancer with ‘devil’s breath’ drug – The Guardian

Posted October 26th, 2020 in internet, murder, news, poisoning, theft by sally

‘A man and a woman have been convicted of the first known murder in Britain using a poison known as “devil’s breath”.’

Full Story

The Guardian, 23rd October 2020

Source: www.theguardian.com

Challenging adoption – two recent cases – Transparency Project

Posted October 26th, 2020 in adoption, appeals, care orders, children, families, local government, news by sally

‘In this post, I am going to explain two recent decisions by the Court of Appeal about adoption. These are Re Y – which is about leave to oppose (I will explain), and Re JL which is about leave to revoke a placement order (I really will explain). These decisions are nothing special in terms of their wider relevance – they do not change the law in a landmark way, nor are they “disruptive judgments”. They are, however, useful in understanding what the law requires of local authorities and the courts in deciding whether a child should be adopted.’

Full Story

Transparency Project, 26th October 2020

Source: www.transparencyproject.org.uk

Damning CQC report calls for improved community-based capacity, pooled budgets and new national specialist commissioner of complex care – Local Government Lawyer

‘A Care Quality Commission review has found “undignified and inhumane” care in some hospital settings providing complex care for autistic people, and people with a learning disability and/or mental health condition.’

Full Story

Local Government Lawyer, 26th October 2020

Source: www.localgovernmentlawyer.co.uk

EP 128: The Cumberlege Review – Marina Wheeler QC – Law Pod UK

Posted October 26th, 2020 in doctors, health, hospitals, medical treatment, medicines, news, podcasts by sally

‘In Episode 128 Emma-Louise Fenelon talks to Marina Wheeler QC about the Cumberlege Review, which investigated the response of England’s healthcare system to patients’ reports of harm from drugs and medical devices.’

Full Story

Law Pod UK, 22nd October 2020

Source: audioboom.com

Police ‘failings’ to be considered at new inquest into death of Susan Nicholson – Daily Telegraph

‘The family of a woman murdered by a double killer have won a legal battle for a new inquest into her death to consider potential police failings.’

Full Story

Daily Telegraph, 23rd October 2020

Source: www.telegraph.co.uk

JR vital to constitutional balance of powers – Law Society’s Gazette

Posted October 26th, 2020 in constitutional law, judicial review, Law Society, news by sally

‘Anyone who is affected by the decisions of public bodies must be able to raise a challenge in the courts, the Law Society said today as it proposed reforms to the judicial review process.’

Full Story

Law Society's Gazette, 26th October 2020

Source: www.lawgazette.co.uk

Angela Wrightson: Teen murderers ‘at risk’ if named – BBC News

Posted October 26th, 2020 in anonymity, children, injunctions, murder, news, young offenders by sally

‘Two teenagers who tortured and murdered a vulnerable woman in her own home would be at “risk of harm” if their identities are not kept secret for life, the High Court has heard.’

Full Story

BBC News, 23rd October 2020

Source: www.bbc.co.uk

Ministers must end their attacks on lawyers – The Guardian

‘Barristers, solicitors, legal academics and retired judges call for the home secretary and the prime minister to apologise for past remarks and refrain from using hostile language.’

Full Story

The Guardian, 25th October 2020

Source: www.theguardian.com

CQC report: Care of people with learning disabilities ‘inhumane’ – BBC News

‘Too many hospitals for people with learning disabilities or autism are providing poor care which is, at times, undignified and inhumane, the care regulator for England has said.’

Full Story

BBC News, 23rd October 2020

Source: www.bbc.co.uk

Lawyers call for apology from Johnson and Patel for endangering colleagues – The Guardian

‘The UK prime minister and the home secretary are accused of endangering the personal safety of lawyers through their abusive attacks on the profession and should apologise, more than 800 former judges and senior legal figures have said in a letter sent to the Guardian.’

Full Story

The Guardian, 25th October 2020

Source: www.theguardian.com